Suchergebnisse

It is in response to the need for certainty and consistency that systems of regulation and law are created to govern the conduct of people of a community, society, nation or state. With increases in the ease of cross-border movement and activity, as well as global communication, parties and courts are more frequently being exposed to systems of regulation and law that are foreign to them. This, in turn, creates uncertainty regarding not only the ability of national courts to correctly apply foreign law, but also the quality of evidence relating to the content of foreign law. Relevant studies conducted for the Hague Conference on Private International Law and the European Commission have classified states according to their treatment and application of foreign law. The author of this article focuses instead on the most common methods used to ascertain foreign law, and using a much larger sample of states, argues that there is little value in classifying different approaches.

"Blockchain is the first global mechanism for the transfer and storage of value. Despite being conceived as an alternative to state and law, the technology and its use cases raise many legal questions, most notably, regarding jurisdiction and applicable law with respect to transactions and assets recorded on the blockchain. The issue is complex given the decentralised nature of the network. In this volume, academics and practitioners from various countries try to provide detailed answers to these questions as they relate to stablecoins, crypto-assets, crypto derivatives, Central Bank Digital Currencies, and Decentralised Autonomous Organisations (DAOs), as well as specific transactions and issues, such as property rights and bankruptcy. With specific chapters on national approaches (Germany, Japan, Liechtenstein, Switzerland, United States), the volume explores the need and possibility for legal harmonisation of these issues through global fora, such as the Hague Conference on Private International Law (HCCH)"--

Blockchain is the first global mechanism for the transfer and storage of value. Despite being conceived as an alternative to state and law, the technology and its use cases raise many legal questions, most notably, regarding jurisdiction and applicable law with respect to transactions and assets recorded on the blockchain. The issue is complex given the decentralised nature of the network. In this volume, academics and practitioners from various countries try to provide detailed answers to these questions as they relate to crypto-assets, cryptocurrencies, crypto derivatives, stablecoins, Central Bank Digital Currencies and Decentralised Autonomous Organisations (DAOs), as well as specific transactions and issues, such as property rights, secured transactions, smart contracts and bankruptcy. With specific chapters on national approaches (Germany, Japan, Liechtenstein, Switzerland, United States), the volume explores the need and possibility for legal harmonisation of these issues through global fora, such as the Hague Conference on Private International Law (HCCH) UNIDROIT.

Front Matter -- Copyright page -- Preface /Edith Brown Weiss -- Acknowledgements -- Notes on Contributors -- Introduction /Severn Cullis-Suzuki -- Intergenerational Equity Theories -- Equity in International Law /Thomas Cottier -- All-affected, Non-identity and the Political Representation of Future Generations: Linking Intergenerational Justice with Democracy /Michael Rose -- Guardians for Future Generations: Bringing Intergenerational Justice into the Heart of Policy-making /Catherine Pearce -- Environmental Concerns -- Intergenerational Justice and the Concept of Common Concern in Marine Resource Allocation and Ocean Governance /Judith Schäli -- Equity across Generations in International and Domestic Water Law /Otto Spijkers -- Intergenerational Justice: Promotion of Renewables and the Water Protection Objective /Karolis Gudas and Simona Weber -- Intergenerational Climate Justice /Anna Aseeva -- Looking Forward: Balancing the Role and Responsibilities of Business in Society /Sonia Gawlick and Jean Brice Audoye -- Cultural Concerns -- Genocide Denialism as an Intergenerational Injustice /Melanie Altanian -- Intergenerational Justice and International Migration: Some Insights from Law and Economics /Philip C. Hanke -- Funding the Future: Sovereign Wealth Funds as Promoters of Intergenerational Equity /Xenia Karametaxas -- Striking a Balance between the Protection of Foreign Investment and the Safeguard of Cultural Heritage in International Investment Agreements: Can General Exceptions Make a Difference? /Roberto Claros -- Looking Forward: Intergenerational Justice in the Context of Indigenous Rights in Canada /Amyn Lalji -- Epilogue: Voices of the Future for Sustainability /Jona David -- Back Matter -- Index.

"Social License and Dispute Resolution in the Extractive Industries is a broad collection offering insights from both renowned academics and practitioners on the intersection of international dispute resolution and the social license to operate in the extractive industries. With its combined academic and practical perspective, the book focuses on mining disputes and addresses a broad array of issues, such as third party funding, grievance and redress, as well as the protection of human rights and the environment. In addition, it is the first work in the market that discusses the proposed rules of the world's first and only Global Natural Resources Dispute Resolution Center (GNDC)"--